A husband and wife have decided that it is time to get a divorce. The husband has moved in with his new girlfriend in Champagne. The wife has remained in the family home outside of Chicago. The wife wants to get the divorce process started but is not sure whether she should file in a Chicago court or a court near Champaign.
The divorce process is many people’s first interaction with the legal system. If you are considering filing for divorce, you may have questions about where to file your divorce petition. Two primary considerations will need to be taken into account — jurisdiction and venue. These legal concepts can be confusing, but understanding them can help you ensure that your divorce case is handled correctly.
Jurisdiction
Jurisdiction refers to a court’s power to hear a case and issue a ruling on it. You will need to file your divorce in a court that has jurisdiction over you and your spouse as well as the subject matter of your case. Subject matter jurisdiction refers to the court’s authority to judge your specific type of case. For example, divorce cases fall under the subject matter jurisdiction of Illinois state courts. Divorce cases are delegated to the courts of individual counties in Illinois. Personal jurisdiction refers to the court’s power regarding you and your spouse. In a divorce case, an Illinois court has personal jurisdiction over both parties when at least one spouse has lived in Illinois for 90 days. This includes time spent in the military in Illinois.
Venue
Venue refers to the actual court at which your case will be filed and heard. For divorce in Illinois, the expected venue is the court located in the county where either spouse resides. In the example above, the wife lives in Cook County. The husband has moved to Champaign County, Illinois. As a result, the party who files the divorce petition has the option of filing the petition in either a Cook County district court or a Champaign County Court. In some cases, when one party can show good cause, he or she can successfully ask the court to hear the case in a different county. However, no Illinois court is under an obligation to do so.
One of the benefits of filing for divorce first before your ex-spouse can file for divorce involves venue. If you would like to avoid driving to another county, you may want to consider filing the divorce petition in a county nearest you. There are other strategic decisions that you can work with your attorney on early in your case that can have an impact on your case’s outcome.
Discuss the Jurisdiction of Your Divorce Case With an Experienced Attorney
If you need representation for a divorce or child support matter in Cook County, Glasgow & Olsson is here to help. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.